National Republican., 1887-12-02
Can the senate Originate rarlr pllIs2

Can the Senate Originate Tariff Bills?
The very general opinion is that the
House alone can originate a revenue OF
tariff bill, and that the Senate has no power
over any measure Of that Nnd-until the
House shall have agreed upon some bill
and sent II to the Senate. On the 10Th OF
May, 1858, the measure known as Senate
bill No. 10 was reached as q special order
In the Senate, TO repeal all laws or parts Of
laws allowing bounties to vessels employed
In the bank or other cod fisheries. Mr.
Allen hal moved an amendment to that
measure placing salt on the free list, to
whicn Mr.. Trumbul offered an amend
ment placing sugar also on the free list.
or course this bill would affect the reve.
uues OF the country very materially. En-
acted into a law, depicting the same sew
eral millions. Mr.. Hunter had raised a
question Of order on the hill and amend
ments, and the point is so clearly set forth
in his remarks that II is cited. He sald
We have been acting for many years up,D
The idea that we had noright 10 originate In the
senate measure to alter the tarill; that tina
was matter that belonged exclusively to the
other House. ! should be glad to believe tnu
we bad the power. H. is Que of the tcw thing.
IN the constitution which | would amend Il
hsd the power to do II.
Mr.. Hunter then procce ded to cite the
action of the Senate on Mr. McDunle's
proposition In ls4i to reduce the tariff by
bill In the Senate, saying that the hnance
committee had returned the bill with
resolution that the senate had no such con
| stitutional authority, aGd recommending
the indefinite postponement OF the BILL
only four votlng against this conclusion.
Mr.. Stuart, iu reply to this, said It
seemed TO him there could be no question OF
the authority o. the Senate. lie said To.
McDufiie bill woull have ctaayed the rate
Of revenue had 1t passed; that a rciUctiOp
bill could not originate properly Ia the
Senate, but he saw nothing to prevent the
| Senate acting primarily on a measure OF
| rcpcdl of revenue Law; that II the Seuatr
| rcpcdlcd the whole tariff Law, II would not
| raise any revenue, but only make It neces-
sary to originate o new law TO raise revenue.
Mr. Stuart then proceeded to cite u case
where the Senate originated bill to repeat
| the duty on salt.
Mr.. Hunter conceded that the Senate
had the power probably to repeat all duties,
| but he denied the power Of the Senate to
originate tariff bill indirectly by amend
ments to repeal some OF the duties on arti-
cles, as the effect of that would be to
| change the amount Of revenue and be a
revenue bill. Mr.. Simmons argued that
| the vote on the McDuflle BILL or the propo.
sition in 1874, was not on the point, but was
| on the proposition Itself. G., to postpone
| the bill itself--not because the Senate
could not originate such bill, but the vote
was to kill the bill, but Mr.. Hunter lfered
| with him.
Mr.. Crttenden argued that the provision
in our constitution forbidding the Senate
| to originate revenue bills was copied from
English ptecedents, and no reason existed
| for 1t in this country, where q majority
| could not be created at pleasure by the
| crown. He was opposed TO une SeuaLe' $
surrenderirg any of its power. He con-
ceded that the Senate had no power to
originate any revenue bill where The cjscl,
| even Of a reduction, would be to increase
the revenue, bu' he claimed for the Senate
| power W UOOtSH TeEcHus. lle sHlu Gus
| question of order could not be imposed on
the chair, as it was a constitutional qles-
tion for the Senate itself to decide, aud
roee iOt above question OF order. Mr.
| Green then cited the case In 1916, when no
one in the Senate objected to n bill Droug ght
in by Mr.. Benton, from the Senate finance
committee, to repca the duty on salt,
&c. He thought II there had b9en
any question as to the right OF the
Senate to repeat tariff law, Some such
man as Calhoun, Webster, or Clss would
have raised the point. Mr.. Hunter laAily
withdrew his point Of order. The Senate
lhen proceeded to discuss the amendments
TO the bill, and finally voted down the
amendment TO place sugar on the free list,
81 to go, and also defeated the amendment
TO place salt on the free list, Al to IS, ani
the bill then passed the Senate, 80 to 25; all
done by the Democrats, the Republicans or
| Wings generally voting against the bill,
and for the amendments.
This would scct TO furnish Q precedent
for Republican senators to introduce bill
| placing sugar on the free list, reducing the
| "surDlus,n &c.